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2018 Supreme(All) 606

VIVEK CHAUDHARY
S. K. RAI – Appellant
Versus
B. TEA CO. – Respondent


Advocates:
Counsel :
R.C. Bajpai, H.S. Sahai, P.C. Rastogi, P.K. Khare, Shyam Mohan Pradhan and Z. Jilani for the Revisionist; R.N. Trivedi, Apoorva Tewari, Madhav Chaturvedi, P.K. Khare and P.K. Sinha for the Respondent.

JUDGMENT

Hon’ble Vivek Chaudhary, J.—Heard Sri P.K. Khare, learned counsel for revisionist-tenant and Sri Apoorva Tewari, learned counsel for respondent-landlord.

2. Present SCC revision is filed by the tenant challenging the judgment and order dated 31.8.1985 whereby the SCC Suit No. 2 of 1979 for his ejectment and for recovery of mesne profits, amounting to Rs. 25078.88 and pendalite and for future mesne profits @ Rs. 1150/- per month till actual eviction, is decreed with cost.

3. Facts of the case are that a Cinema Hall, known as Sunder Talkies, Unnao, was owned by the respondent. The said property was leased to the revisionist on 26.10.1964 on a monthly rent of Rs. 1150/-. The tenancy was to commence from the date when the lessee secures the license for exhibition of films and running cinema. An agreement was signed between the parties, however, the same could not be properly stamped and registered. The possession of the property was handed over to the lessee without there being any formal registered agreement executed and even later formalities were not completed. The revis






















































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